HomeMy WebLinkAbout26-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
. 6R' /" ... 'L
Dept: Development SefVIc s }" "
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Date: November 13,2001
Subject: Public Hearing - 10:00 a.m. and Resolution
Authorizing Execution of an Agreement - Sale of
City Property, Northwest corner of Washington
Street and Waterman Avenue.
Synopsis of Previous Council Action:
File No, 15,05-228
MCC Date: 12-03-2001
8-21-00 - Resolution No, 2000-258 was adopted, approving the Final Map for Tract No. 15826.
11-5-01- Resolution No. 2001,332 was adopted, establishing and setting fair market value and
sales price and declaring the intention of the City to sell property located at the northwest corner
of Washington Street and Waterman Avenue and setting a public hearing.
Recommended Motion:
I. Conduct and close the Public Hearing for the sale of City property located at the northwest
corner of Washington Street and Waterman Avenue.
2. Adopt Resolution.
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Contact person: EILEEN GOMEZ
Supporting data attached: StaffReport!MapslRes.
Phone: 5328
Ward: 3
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) N/A
None
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing - 10:00 a.m. and Resolution Authorizing Execution of an Agreement - Sale of
City Property, Northwest corner of Washington Street and Waterman Avenue.
BACKGROUND:
This 10,479 square foot strip ofland that was vacated was acquired by the County in 1958 as
part of the Waterman Avenue right of way acquisition, The land was subsequently passed to the
City by annexation in 1961 so no funds were expended. City ownership of this strip of land was
not shown on the title report submitted by the developer. The developer was in the process of
obtaining a loan and it was discovered at that time that the City still owned this strip ofland. City
staffwas notified of this finding and contacted the developer. In order for the developer to sell
the lots with clear title, the City strip would need to be quitclaimed to the developer. This strip
of land is a slope behind the perimeter block wall of the tract that is of no use to the City and is
not buildable. It would also have to be maintained by the City as it presently stands. Staff's
recommendation is that it would be in the best interest of the City to quitclaim this land for a
nominal fee of $1 ,000, based on the fact that this strip would have no value on the open market
and there are no comparable sales in the area for this type of property. Staff has determined that
this amount is reasonable to cover staff cost for this action. Proceeds from this sale would go to
the general fund to cover staff time.
On November 5, 2001, Resolution No. 2001-332 was adopted, establishing and setting fair
market value and sales price of $1,000.00 and declaring the intention of the City to sell property
generally located at the northwest corner of Washington Street and Waterman Avenue in the City
of San Bernardino, and setting a public hearing to consider said sale.
Pursuant to Section 2,65.030 of the San Bernardino Municipal Code, property valued at less then
$25,000 may be sold without going through the public bid process, but a public hearing on the
proposed sale must still be held, City departments were notified of the proposed sale and no
conflicts were noted. The attached resolution authorizes the execution of a Sale and Purchase
Agreement and authorizes the execution of a Quitclaim Deed to Steven Walker Homes (SB
SWC, LLC).
FINANCIAL IMPACT:
Revenue of $1 000, less costs, from sale proceeds.
RECOMMENDATION:
Staff recommends that the hearing be closed and the attached resolution be adopted.
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CITY PROPERTY en
18 ~ TO BE SOLD
72 I (Por. of Vacated
19 I Waterman Avenue)
(see detail at right)
71 20 I
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i City of San Bernardino
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S 02' 01' 50' W 29,8T
S 08" 35' 47" W 3.26'
S 89' 42' 21' W 40,52'
PROPOSED SALE OF CITY PROPERTY-
PORTION OF WATERMAN AVENUE AS
VACATED ON MAP OF TRACT NO,
15826 (10.479 sq, ft. :t)
CITY OF SAN BERNARDINO
DEVELOPMENTSERVlCES
REAL PROPERTY SECTION
C1eatedby: 1-, FoqO??y Date: 11/20/2001
Property to be sold shown as: ~
10,470 sq. ft. t)
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Location of City property
proposed to be sold
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
VICINITY MAP
Proposed sale of City Property
along the West side of Waterman
Avenue (as vacated by Tract Map
No. 15826)
Created by: J, h:Jf'-1:5J' Date: Nh/zw/
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
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RESOLUTION NO,
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2
RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY
4 PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF
5 WASHINGTON STREET AND WATERMAN AVENUE IN THE CITY OF SAN
BERNARDINO.
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. That the Mayor of the City of San Bernardino is hereby directed
9
and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a copy
10
11 of which is attached hereto as Exhibit "I ", and a Quitclaim Deed, a copy of which is
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12 attached hereto as Exhibit "2", for the sale of certain City property located at the
13 northwest corner of Washington Street and Waterman Avenue, in said City, and more
14
fully described in detail in said Exhibit "I" and said Exhibit "2".
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SECTION 2, Said Agreement shall be null and void if either party fails to
17 execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
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1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND QUITCLAIM DEED FOR
SALE OF CITY PROPERTY LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET
2 AND WATERMAN AVENUE,
3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a
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meeting thereof
held on the
day of
, 20_, by the following vote, to
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27
28
Council Members;
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20 ,
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F, PENMAN
City Attorney
By: k 1.k
{I
t 1/13/01
2
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SALES AND PURCHASE AGREEMENT
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TillS AGREEMENT, executed this day of .2001,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
SB SWC VILLAGE n, LLC, ("BUYER"), mutually agree as follows:
1, SELLER, upon payment from BUYER in the amount of One Thousand Dollars
($1,000.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion of that
certain real property generally located at the northwest comer of Washington Street and
Waterman Avenue, in the City of San Bernardino ("PROPERTY"), and more fully
described in Exhibit "A" , attached hereto and made a part hereof.
2. BUYER shall deliver to SELLER, cash or certified funds in the amount of One Thousand
Dollars ($1,000.00), as payment in full for the purchase of said PROPERTY,
3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said
PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances,
restrictions and easements on said PROPERTY.
4. BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors,
officers, agents and employees from any and all damages, or injuries, or claims for
-- damages or injuries, of any nature arising out of this Agreement or the actions to be
\.....' conducted by the BUYER pursuant to this Agreement.
5. BUYER shall pay all recording fees and title fees, including but not limited to title
insurance.
6. No obligation other than those set forth herein will be recognized.
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EXHIBIT "1"
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SALES AND PURCHASE AGREEMENT - PORTION OF CITY PROPERTY LOCATED AT
THE NORTHWEST CORNER OF WASHINGTON STREET AND WATERMAN AVENUE
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
SB SWC VILLAGE II, LLC
CITY OF SAN BERNARDINO
BY:
BY:
Approved as to form
And legal content:
ATTEST:
JAMES F. PENMAN,
City Attorney
Rachel Clark, City Clerk
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Exhibit" A"
Legal Description for Proposed Sale of City Property on the West Side of Waterman
Avenue, being a portion of Waterman Avenue as vacated on the Map of Tract No. 15826.
That portion of Waterman Avenue, as vacated on the map of Tract No, 15826, as per plat
recorded in Book 280 of Maps, pages 38-41, records of the County Recorder of San
Bernardino County, State of California, described as follows:
Commencing at the intersection of the West line of Waterman Avenue and the South line of
Wier Road, said point also being the Northeast comer of Lot 13 of said Tract No, 15826;
Thence South 000 17' 39" East, along said West line of Waterman Avenue, a distance of
157.81 feet to the True Point of Beginning;
Thence, along the existing West line of Waterman Avenue, South 000 30' 40" East, a
distance of 115.22 feet;
Thence South 000 58' 05" West, a distance of340,71 feet;
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Thence South 020 01' 50" West, a distance of29,87 feet;
Thence South 080 35' 47" West, a distance of 3.26 feet;
Thence South 890 42' 21" West, a distance of 40,52 feet;
Thence North 050 27' 52" East, along a straight line, a distance of 491.39 feet, more or
less, to the True Point of Beginning,
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REQUESTED BY AND
WHEN RECORDED MAIL TO:
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Steven Walker Homes
7161 Indiana Avenue
Riverside, CA 92504
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER
QUITCLAIM to SB SWC VILLAGE II, LLC, the following real property located in the City of San
Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
c
DATE:
CITY OF SAN BERNARDINO,
a municipal corporation
By:
JUDITH VALLES, Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF
} S.S.
On
before me,
, personally appeared
personally known to me (or proved to me on the basis ofsatisfactory evidence) to be the person(s) whose name(s) islare subscribed
to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that
by hislherltheir signature(s) on the instrument the person(s), or the entity on behalf of which person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
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Signature
EXHIBIT "2"
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Exhibit" A"
Legal Description for Proposed Sale of City Property on the West Side of Waterman
Avenue, being a portion of Waterman Avenue as vacated on the Map of Tract No. 15826.
That portion of Waterman Avenue, as vacated on the map of Tract No, 15826, as per plat
recorded in Book 280 of Maps, pages 38-41, records of the County Recorder of San
Bernardino County, State of California, described as follows:
Commencing at the intersection of the West line of Waterman Avenue and the South line of
Wier Road, said point also being the Northeast corner of Lot 13 of said Tract No. 15826;
Thence South 000 IT 39" East, along said West line of Waterman Avenue, a distance of
157.81 feet to the True Point of Beginning;
Thence, along the existing West line of Waterman Avenue, South 000 30' 40" East, a
distance of 115.22 feet;
Thence South 000 58' 05" West, a distance of340.71 feet;
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Thence South 020 01' 50" West, a distance of29.87 feet;
Thence South 080 35' 47" West, a distance of3.26 feet;
Thence South 89042' 21" West, a distance of 40.52 feet;
Thence North 050 21' 52" East, along a straight line, a distance of 491.39 feet, more or
less, to the True Point of Beginning.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 6, 2001
TO:
Eileen Gomez, Real Property Specialist
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001,366
At the Mayor and Common Council meeting of December 3, 2001, the City of San Bernardino
adopted Resolution 2001-366 - Resolution directing and authorizing the execution of a sales and
purchase agreement and the execution of a quitclaim deed for the sale of City property generally
located at the northwest corner of Washington Street and Waterman Avenue in the City of San
Bernardino.
Please obtain signatures in the appropriate locations and return the original agreement to the City
Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
with 60 days, or by February 1, 2002,
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
Date: /
Please sign and return
.
.
** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 12--3 - 0 \ Item # '2<0
Vote: Ayes \..:2 I 4" ') Nays -e--
Change to motion to amend original documents:
Resolution ~__~l..:....3~__~_____
Abstain ,::, Absent .~-&- __'__.
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -=_
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 1"2. .LI-o \
Date of Mayor's Signature: 12-:5-<:;, I
Date of Clerk/CDC Signature: 12 -s -C;, \
Date Memo/Letter Sent for Signature:
NullNoid After-Ioo2"''j~_L-\=-<?~___
By: ______,
Reso. Log Updated: c/
Seallmpressed:._._t/" ____
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ~ Date Returned: 1"2_ - \ 2" 0 I
See Attached:
See Attached:
12-(., -0\
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney v' Code Compliance
Dev. Services ~ EDA
Parks & Rec.
Police
Puhlic Services
Water
Notes:
Yes ,/ No By
Yes No ...L By
Yes No ./ By
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Yes No V By
Yes No/ By
Finance
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,)
Ready to File: (V\'I
Date: 12-\3-0\
Revised 01112/0 I